Major Palestinian Violations of Agreements- October 2000

The obligation to renounce violence and terror and take all measures necessary to prevent acts of violence and terror against Israel.

Palestinian rioters, armed militia, and members of the Palestinian police force have attacked Israeli soldiers and individual civilians, causing death, injury and extensive damage to property. These acts have been committed under the direction and encouragement of the Palestinian leadership, which is legally committed to the peace process and is under a clear obligation to renounce all forms of violence and to take all measures to prevent such hostile activities. Indeed, repeated pleas by Israeli security officials and political leaders to end the violations were rejected or ignored by the Palestinian leadership.

Key Sources: Exchange of Letters, 9 September 1993: "…the PLO renounces the use of terrorism and other acts of violence and will assume responsibility over all PLO elements and personnel in order to ensure their compliance, prevent violations and discipline violators." Interim Agreement, 28 September 1995: "Both sides shall take all measures necessary in order to prevent acts of terrorism, crime and hostilities directed against each other…" – Article XV "The Palestinian Police will act systematically against all expressions of violence and terror…" – Annex I, Article II(1) Trilateral Statement, 25 July 2000: "Both sides … undertake to create an environment for negotiations free from pressure, intimidation and threats of violence."

Obligation

Violation

The obligation to resolve all outstanding issues through bilateral negotiations and to resolve all disputes through peaceful means, through joint mechanisms and fora for negotiation and dispute settlement.

The Palestinian attempt to achieve political objectives by violence, after turning down peace initiatives at Camp David, violates this fundamental obligation, and the general duty of peaceful resolution of disputes established under international law.

Key Sources: Exchange of Letters, 9 September 1993: "The PLO … declares that all outstanding issues relating to the permanent status will be resolved through negotiations." Declaration of Principles, 13 September 1993: "Disputes arising out of … any … agreements pertaining to the interim period, shall be resolved by negotiations…" – Article XV(1) Trilateral Statement, 25 July 2000: "The two sides understand … that their differences will be resolved only by good faith negotiations."

Obligation

Violation

The obligation to refrain from and act against all forms of incitement.

Recent speeches by the Palestinian leaders, repeated broadcasts on Palestinian television, and radio and sermons by religious leaders have called for an abandonment of the peace process and a ‘war on Jerusalem’. Hostile language, blatant lies regarding Israeli conduct, and attempts to deny the Jewish connection to the Land of Israel have further served to heighten tension and encourage violence. This, in addition to the virulent anti-Israel incitement and calls for ‘jihad’ against Israel which regularly flood the Palestinian Authority controlled media and features prominently in school textbooks.

Key Sources: Interim Agreement, 28 September 1995: "Israel and the Council shall … abstain from incitement, including hostile propaganda against each other and … shall take legal measures to prevent such incitement by any organizations, groups or individuals within their jurisdiction." – Article XXII Wye River Memorandum, 23 October 1998: "The two sides also agreed to take legal measures against offenders within their jurisdiction and to prevent incitement against each other by any organizations, groups or individuals within their jurisdiction." – Article II

Obligation

Violation

The obligation to apprehend, prosecute and detain terrorists.

The Palestinian Authority regularly fails to apprehend known terrorists and continues to apply a ‘revolving door’ policy, releasing terrorists immediately after they have been sentenced. In recent days, the Palestinian Authority has released nearly all convicted terrorists who were directly involved in planning and perpetrating terrorist attacks against Israeli civilians.

Key Sources: Interim Agreement, 28 September 1995: "The Palestinian Police will arrest and prosecute individuals who are suspected of perpetrating acts of violence and terror." – Annex I, Article II(1)(d) Wye River Memorandum, 23 October 1998: "The Palestinian side will apprehend the specific individuals suspected of perpetrating acts of violence and terror for the purpose of further investigation, and prosecution and punishment of all persons involved in acts of violence and terror." – Article II(A)(1)(d)

Obligation

Violation

The obligation to ensure that holy sites in the areas under the administration of the Palestinian Authority are duly respected and protected.

The ancient Jewish holy site of Joseph’s Tomb, situated in the town of Shechem/Nablus, became a target for gunfire and violent attacks by mobs of Palestinian civilians, as well as armed militia and members of the Palestinian Police. To reduce tension, an agreement was reached on 6 October 2000, for the temporary withdrawal of Israeli personnel from the tomb and the protection and preservation of the site by the Palestinian Authority. Immediately upon the withdrawal of the Israeli personnel, the Palestinian authorities allowed a frenzied mob of Palestinian rioters together with members of the Palestinian Police to enter the site, set it ablaze, sack it, violate it and dismantle the historic and sacred structure of the tomb, in an gross and insufferable act of sacrilege.

Key Sources: Interim Agreement, 28 September 1995: "While the protection of the [Jewish holy sites in Area A], as well as of persons visiting them, will be under the responsibility of the Palestinian Police, a JMU [Joint Mobile Unit] shall function… to ensure the peaceful use of such site, to prevent any instances of disorder and to respond to any incident." – Annex I, Article V(2)(b)

Obligation

Violation

The obligation to ensure that no armed forces other than the Palestinian Police and the Israeli military forces are established or operate in the West Bank and Gaza Strip.

Palestinian leadership, maintains supports and encourages groups of armed militia, such as the Tanzim, to operate in the area and attack Israeli forces and civilians. Moreover, the Palestinian Police, intended to operate under the agreements, in limited powers and numbers, to maintain internal security and public order, has in fact been used by the Palestinian leadership as an aggressive army unleashed against Israel, in gross violation of Palestinian legal obligations.

Key Sources: Interim Agreement, 28 September 1995: "Except for the Palestinian Police and the Israeli military forces, no other armed forces shall be established or operate in the West Bank and Gaza Strip…" – Article XIV

Obligation

Violation

The obligation to confiscate illegal weapons.

Many of the weapons used against Israeli soldiers and civilians in the recent violence are illegal. The Palestinian leadership agreed in repeated legal undertakings, to confiscate all such weapons.

Key Sources: Interim Agreement, 28 September 1995: "Any illegal arms will be confiscated by the Palestinian Police." – Annex I, Article II(c) Wye River Memorandum, 23 October 1998: "The Palestinian side will establish and vigorously and continuously implement a systematic program for the collection and appropriate handling of all such illegal items [firearms, ammunition or weapons]…" – Article III(A)(2)

Obligation

Violation

The obligation to continuously maintain joint security cooperation mechanisms with Israel to ensure public order and security.

The Palestinian Authority has refused to cooperate with Israeli security officials to maintain the joint security mechanisms established under the agreements. These mechanisms were specifically designed to ensure that public order and security are guaranteed on a continuous basis and under all conditions.

Key Sources: Wye River Memorandum, 23 October 1998: "There will be full bilateral security cooperation between the two sides which will be continuous intensive and comprehensive.’…" – Article II(B)